What is the ruling if a person completes the expiation for the first instance of intercourse and then engages in intercourse again?
General Chapter
Al-Mughni
Book of Fasting
Primary text
If a person completes the expiation and then engages in intercourse a second time, and the acts occurred on two different days, a second expiation is obligatory without any known disagreement. If the second act occurred on the same day, a second expiation is also due. Ahmad explicitly stated this ruling. This ruling extends to every case where abstention and prohibition of intercourse during Ramadan daytime is required, such as for someone who did not know the crescent was sighted until after dawn, forgot the intention to fast, or intentionally ate and then engaged in intercourse.
Supporting text
Abu Hanifa, Malik, and Al-Shafi'i hold that no expiation is due in such cases because the intercourse did not coincide with a valid fast, nor did it invalidate its validity, thus necessitating no penalty, similar to intercourse occurring at night. Our position is that fasting in Ramadan is an act of worship where intercourse necessitates expiation, so repetition necessitates repetition after the first expiation, similar to Hajj. Moreover, it is a prohibited intercourse due to the sanctity of Ramadan, thus necessitating expiation like the first act, differentiating it from night intercourse which is not prohibited.